2009-06-18_PERMIT FILE - C1981018A (8)

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Coordinatine Center, Office of Surface Mining Reclamation & ~forcement (OSMRE), and the BLM authorized officer. ssee shall not begin surface disturbing activities until permission to proceed is given by [he appropriate authorized officer. (3) Lessee shall protect all known cultural resource properties within the lease area from lease-related activities until cultural resources avoidance or mitigation measures can be implemented as part of an approved exploration plan or an approved mining and exploration plan. (4) The cost of conducting the inventory, preparing reports, and carrying out mitigation measures shall be borne by the lessee. (5) If cultural resources are discovered during operations under the lease, lessee shall immediately notify the authorized officer of [he BLM or OSMRE. Lessee shall not disturb such discovered resources except as subsequently authorized. Within two (2) working days of notification, the authorized officer will evaluate, or have evaluated, any cultural resources discovered and will determine if any action may be required to protect or preserve such discoveries. Cost of data recovery for cultural resources discovered during lease operations shall be borne by the surface managing agency .nless otherwise specified by the BLM authorized officer. (6) All cultural resources discovered shall remain under thejurisdiction of the United States until ownership is determined under applicable law. (7) If it becomes necessary to place new facilities in the area, particular]}' near any of the known resources, a more detailed examination of the placement of the facilities in relation to the known resources shall be undertaken to evaluate any anticipated impacts. (b) Paleontological Resources. (1) Before beginning surface disturbing activities on the leased lands, lessee shall contact the BLM authorized officer to determine whether lessee will 6e required to conduct a paleontological appraisal of lease areas that may be adversely affected by lease-related activities. Any paleontological appraisal required shall be conducted by a qualified paleontologist approved by the BLM authorized officer and in the manner the authorized officer specifies. (2) Lessee shat] submit an appraisal report, including recommendations for protecting any larger and more conspicuous fossils of significant scientific interest identified on the leased lands to the BLM authorized officer. (3) If any such fossils are discovered during operations under this lease, lessee shall immediately notify the Regional Director, OSMRE. Operations may continue as long as the fossil specimen(s) would not be seriously damaged or destroyed by the activity. Within five (5) working days of notification, the Regional Director, OSMRE, shall evaluate or have evaluated such discoveries and shall notify the lessee what action shall be taken with respect to such discoveries. (4) Lessee shall not knowingly disturb, alter, destro}~, or take any larger and more conspicuous fossils of significant scientific interest and shall protect all such fossils in conformance with the measures included in the approved mining and reclamation plan or exploration plan. (5) These conditions apply [o all such fossils of significant scientific interest discovered within the leased lands, whether discovered is the overburden, interburden, or coal seam or seams. (6) All fossils of significant scientifc interest shall remain under [he jurisdiction of [he United States until ownership is determined under applicable law. (7) The cost of any required recovery of such fossils shall be borne by the United States. Copies of all paleontological resource data shall be provided to the Regional Director, OSMRE. (8) Individual actions such as road construction, power line pole placement or ventilator shafts will need to be examined on a case-by-case basis to determine what impacts if any will occur [o fossil resources. (c) Resource Recovery and Protection. (]) Notwithstanding the approval of a resource recovery and protection plan (R2P2) by the BLM, lessor reserves the right to seek damages aeainst the operator lessee in the event (i) the operator/lessee fails to achieve maximum economic recovery (MER) (as defined at 43 CFR 3480.0-5(21) of the recoverable coal reserves or (ii) the operator/lessee is determined to have caused a wasting of recoverable coal reserves. Damages shall be measured on the basis of the royalty that would have been payable on the wasted or unrecovered coal. (2) The parties recognize that under an approved R2P2, conditions may require a modification by the operator/lessee of that plan. In the event a coalbed or portion thereof is not to be mined or is rendered unmineable by the operation, the operator/lessee shall submit appropriate justification to obtain approval by the AO to leave such reserves unmined. Upon approval by the AO, such coalbeds or portions thereof shall not be subject to damages as described above. Further, nothing in this section shall prevent the operator/lessee from exercising its right to relinquish all or portion of the lease as authorized by statute and regulation. (3) In the event the AO determines that the R2P2, as approved, will not attain MER as [he result of changed Permit Revision #5 (2/2005)